How to Strategically Highlight Inconsistencies in Witness Testimony

How to Strategically Highlight Inconsistencies in Witness Testimony

Inconsistency in witness testimony can be a major liability for a case. If a witness contradicts themselves, it can damage their credibility and cast doubt on the entire case. That's why it's important for advocates to be able to strategically highlight inconsistencies in witness testimony.

Here are five steps that advocates can take to strategically highlight inconsistencies in witness testimony:

Get the witness to confirm their current version of events. This is the first step in pinning the witness down to their story. By getting the witness to confirm their current version of events, the advocate creates a baseline for comparison.
Utilize the prior statements or transcripts. The next step is to utilize the witness's prior statements or transcripts. This can be done by asking the witness to read their prior statements aloud or by quoting them directly. By doing this, the advocate can highlight the inconsistencies between the witness's current testimony and their prior statements.
Shut down escape routes. As the advocate is highlighting the inconsistencies, they need to be prepared for the witness to try to wriggle out of them. This is why it's important to shut down any escape routes that the witness may use. For example, if the witness tries to claim that they forgot what they said in their prior statements, the advocate can ask them specific questions about those statements to show that they did remember them.
Highlight the inconsistency. Once the advocate has shut down the witness's escape routes, they can then highlight the inconsistency. This can be done by asking the witness to explain the discrepancy between their current testimony and their prior statements. By doing this, the advocate can show the jury that the witness is not credible.
Challenge the reason for the inconsistency. Finally, the advocate can challenge the witness on the reason for the inconsistency. This can be done by asking the witness why they changed their story. By doing this, the advocate can show the jury that the witness is not being truthful.
By following these steps, advocates can strategically highlight inconsistencies in witness testimony and damage their credibility. This can be a critical part of winning a case.

In addition to the steps mentioned above, advocates can also use the following tips to strategically highlight inconsistencies in witness testimony:

Be prepared. The advocate should be prepared for the witness to try to avoid answering questions or to give evasive answers. The advocate should have a list of questions that they want to ask the witness and they should be prepared to follow up on any evasive answers.
Be persistent. The advocate should not give up if the witness tries to avoid answering questions or to give evasive answers. The advocate should continue to ask the witness questions until they get a straight answer.
Be respectful. The advocate should be respectful of the witness, even if they are trying to be evasive or if they are not being truthful. The advocate should not resort to personal attacks or insults.
Be professional. The advocate should always act professionally, even if the witness is not being cooperative. The advocate should not lose their temper or become emotional.
By following these tips, advocates can strategically highlight inconsistencies in witness testimony and damage their credibility. This can be a critical part of winning a case.

#andrebelanger #lawyer #lawschool #trialadvocacy #crossexamination #leadingquestions #impeachment